An International Comparative Study on Parody as Fair Use in Copyright Law: Lee Sang-bong Exhibition Poster

Abstract

Background Korean copyright law aims to protect authors rights while promoting the fair use of works to foster cultural and industrial development. However, technological advancements have made content more accessible, leading to frequent conflicts between copyright holders and parody creators. This study examines the legal criteria for parody protection and proposes guidelines for creators. Methods This study compares parody case law in the U.S., U.K., Germany, France, and South Korea (hearafter, Korea) to analyze definitions and criteria for a work to qualify as a parody. The study also examines the impact of fair use provisions and parody exceptions regulations on protection and identifies key requirements. These findings are applied to case in Korea to compare the legal requirements for parody qualifications and to assess the applicability of fair use. Results For a work to qualify as a parody, it must reference the original, exhibit distinct differences, and incorporate humor or satire. To be protected under fair use, the work must have a transformative purpose and maintain a balance of rights. This study presents a guideline for parody creation and compares domestic cases. Analysis of the Lee Sang-bong poster parody suggests that this work meets these criteria and qualifies for fair use. Conclusions This study examines the legal requirements for parody protection, applies them to case in Korea, and proposes guidelines for parody creation. Courts in Korean interpret parody more strictly than U.S. and European courts, which recognize transformative use and critical purpose under fair use. Further research should conduct a deeper comparative analysis of parody protection and fair use application.